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As you are aware, the Uniform Civil Code seeks to replace personal laws based on the scriptures and customs of each major religious community in India with general rules over every citizen. So, today we are going to elucidate in a detailed manner What is Uniform Civil Code in India, Article 44, Law Commission Report on Uniform Civil Code PDF. For acquiring complete information, stay tuned with us.
What is Uniform Civil Code in India
India is a secular country. It is entirely debatable within the Uniform Civil Code Indian mandate to replace personal laws based on the scriptures and customs of each major religious community. With a common set of rules governing every citizen. The Uniform Civil Code in India aims to replace personal laws based on the scriptures and customs of each major religious community in the country with a common set governing every citizen. Uniform Civil Code has its origin in the concept of the Civil Law Code.
This Secular envisages administering a single set of civil laws to govern different people belonging to different religions and regions. It encroaches on the right of citizens to live under subject themselves to different personal laws on the basis of their religion or ethnicity. Common Area Stands covered by a civil code include personal status, rights relating to acquisition and property, and rights relating to marriage, divorce, and adoption. Below, you can check out more information related to What is Uniform Civil Code in India, Article 44, Law Commission Report on Uniform Civil Code PDF.
Uniform Civil Code in India, Article 44: Overview
|Article for||Uniform Civil Code in India, Article 44|
|Contextual Issue||Legitimacy, Majority viz. Minority, Gender Equality|
|Beginnings||1835: 2nd law commission report
1858: Queen Victoria’s Proclamation
|Efforts towards UCC||Special Marriage Act, 1954
Shah Bano Case of 1985
|Contemporary Development||“Neither necessary nor desirable”: 21st law commission
“Rise of the Right”: BJP
“Gender Equality”: women’s Movement
|Theme||One law for the entire country|
|UCC||Comes under Article 44 of the Directive Principle of State Policy|
|Post Category||Trending News|
|Law Commission Report PDF||Click here|
Article 44, Law Commission Report on Uniform Civil Code PDF
India is a diverse land with huge religious and social diversity, it is of utmost importance There should be a Uniform Civil Code at the earliest to bridge the gap created by various personal laws Those who have entered inside for years. Such a uniform law is necessary not only to promote legal uniformity but it will also to do justice to the diversities present in our country bridging the unintentional discrimination that personal law brings forth among citizens.
The Constitution provides for Uniform Civil Code as a Directive Principle of State Policy under Article 44, which states that “the State shall endeavor to secure for the citizens a Uniform Civil Code throughout the territory of India.” ii Since it is a part. Directive principles are nothing but unenforceable guidelines so it’s still not implemented and such cases of paper protection are not sufficient grounds to approach the court of the law.
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Advantages of Uniform Civil Code in India
A secular democratic republic should have a common civil and personal law to provide equal status to its citizens irrespective of their religion, class, caste, gender etc. It is generally observed that in almost all the religions, males are given top priority. Matters of succession and inheritance resulting in discrimination against women. Thus, Uniform Civil Code will promote gender equality and bring both Men and women equal.
The social attitude and aspiration of the youth population has been shaped by the universal and Universal principles of equality, humanity and modernity. Thus, the enactment of uniform civil code will help in utilising their full potential towards nation building. All citizens are treated equally before the court of law whether criminal law or other civil law (except personal law). Thus, the implementation of the Uniform Civil Code will Provide a common set of personal laws to all, resulting in an end to politicisation of issues.
Overall, we can mention the advantages of UCC in India through these points, which are mentioned below;
- Provide equal status to all citizen
- Promote Gender Parity
- Super National Integration
- Accommodate the aspirations of the young population
- Bypass the contentious issue of reform of existing personal law
Disadvantage of Uniform Civil Code in India, Article 44
Here are the disadvantage of Uniform Civil Code in India, Article 44, which are mentioned below:
- Practical diversity due to diversity in India
- Perception of Uniform Civil Code as encroachment on religious freedom
- Interference of State in personal matter
- Sensitive and Tough task
Law Commission report on UCC: Click here